[2023] KEHC 2737 (KLR)
The court found that the matter had been delayed due to pending compliance with directions on filing witness statements and production of documents. The judge emphasized the need to fast-track the case to ensure justice is served. Directions were issued for any party wishing to file witness statements to do so...
Source-derived case information.
- Citation
- [2023] KEHC 2737 (KLR)
- Parties
- Applicant: Mirongo Enterprises Limited; Applicant: Geofrey Chege Kirundi; Applicant: Lucy Wamaitha Chege; Respondent: National Police Service; Respondent: Directorate of Criminal Investigations; Respondent: Director of Public Prosecutions; Respondent: Office of the Attorney General; Interested Party: Success Energy Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E270 of 2020
- Procedural Posture
- Constitutional Petition / Pre Trial Directions; Case Management
- Outcome
- Directions issued for expeditious hearing; conservatory orders maintained.
- Judges
- HI Ong'udi
- Legal Topics
- Conservatory Orders, Right to Fair Hearing, Title Disputes, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mirongo Enterprises Limited
Applicant
Geofrey Chege Kirundi
Applicant
Lucy Wamaitha Chege
Applicant
National Police Service
Respondent
Directorate of Criminal Investigations
Respondent
Director of Public Prosecutions
Respondent
Office of the Attorney General
Respondent
Success Energy Limited
Interested Party
Procedural Posture
Constitutional Petition / Pre Trial Directions; Case Management
Legal Issues
- 1 Whether the petitioners are entitled to conservatory orders regarding LR No 9741/20.
- 2 Whether the matter should proceed by way of viva voce evidence.
- 3 Whether the parties have complied with court directions on filing witness statements and production of title documents.
Ratio Decidendi
The court found that the matter had been delayed due to pending compliance with directions on filing witness statements and production of documents. The judge emphasized the need to fast-track the case to ensure justice is served. Directions were issued for any party wishing to file witness statements to do so within 14 days, for the matter to be re-allocated to another court for hearing, and for viva voce hearing to proceed on a specified date. Summons were also to issue to the Karen Branch Manager of Equity Bank Ltd to produce the certificate of title for LR No 9741/20. Conservatory orders previously granted were to remain in force. The court's reasoning was grounded in the need for...
Court Disposition
Directions issued for expeditious hearing; conservatory orders maintained.
Orders
- Any party wishing to file witness statements must do so and serve within 14 days.
- The matter is re-allocated to court No 3 for hearing and determination.
Full Case Text
Judgment text and source record
37 paragraphs
Mirongo Enterprises Limited & 2 others v National Police Service & 3 others; Success Energy Limited (Interested Party) (Petition E270 of 2020) [2023] KEHC 2737 (KLR) (Constitutional and Human Rights) (30 March 2023) (Court Observations)
Neutral citation: [2023] KEHC 2737 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Petition E270 of 2020
HI Ong'udi, J
March 30, 2023
Between
Mirongo Enterprises Limited
1st Petitioner
Geofrey Chege Kirundi
2nd Petitioner
Lucy Wamaitha Chege
3rd Petitioner
and
National Police Service
1st Respondent
Directorate of Criminal Investigations
2nd Respondent
Director of Public Prosecutions
3rd Respondent
Office of the Attorney General
4th Respondent
and
Success Energy Limited
Interested Party
Court Observations
1. Proceedings have been typed and I have gone through them. The record shows that parties filed submission to the petition.
2. Submissions were highlighted before Makau J on October 18, 2021. On the same date counsel for the petitioners requested that the matter be heard by way ofviva voceevidence.
3. Makau J granted request urging there was an issue with the title. He directed the petitioners to file their statement attaching relevant documents, within 14 days. He even set a hearing date for February 22, 2022 at 11. 00a.m.
4. On February 22, 2022 the matter did not proceed. Makau J marinated his orders of October 18, 2021 on viva voce hearing. He fixed the matter for hearing on May 18, 2022 before Mrima J. He further ordered for summons to issue to Karen branch Manager, Equity Bank Ltd to produce a certificate of title in respect of land comprising LR No 9741/20 at the hearing.
5. Parties were to file witness statements. I have not seen any witness statements in the court file or portal.
6. I also note that there are conservatory orders which were issued on October 12, 2020. This explains why the matter has been dragging.
7. There is need to fast track this case for justice to be seen to be done. For that reason I issue the following directions.i.Any party wishing to file witness statements must do so and serve within 14 days.ii.This court’s diary is packed. The matter is therefore re-allocated to court No 3 for hearing and determination.iii.Viva voce hearing on May 4, 2023 – in open court. Parties must come ready to proceed together with their witnesses.iv.Summons to issue to Karen Branch Manager Equity Bank Ltd to produce a certificate of title in respect of Land Comprising LR No 9741/20 at the hearing on May 3, 2023. v.Conservatory orders remain in force.
8Orders accordingly.
DELIVERED VIRTUALLY, DATED AND SIGNED THIS 30TH DAY OF MARCH, 2023 IN OPEN COURT AT MILIMANI, NAIROBI.H. I. ONG’UDIJUDGE OF THE HIGH COURT